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Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 116
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 117
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 118
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 119
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 120
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 121
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 122
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 123
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 124
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 125
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 126
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
×
Page 127
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
×
Page 128
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 129
Suggested Citation:"Appendix B." National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 1991. Finding Common Ground: U.S. Export Controls in a Changed Global Environment, Commissioned Papers. Washington, DC: The National Academies Press. doi: 10.17226/1915.
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Page 130

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A"EN1)IX B 113

~= ~ =ND i ~ B. so . 1 - `. Transfers of technoloa Doe. A2-99t8S on technclogy trenster The Euroosen Par l ~ event RESOLlJI ION - having regard to the notion for ~ resolution by I;, LttilCOHR on the restrictions imposed by the USA on the ~nternesionaL transfer of technology and the adverse effects of these restrictions on industrial oeveLopment in the European Co~.- nun'ty (Doc.2-721 IB`), - having reseed so the report of the Committee on Inert/, Research anc Technolc5y (Doe. ~ 2-99/851~ A. whereas scientif jc pro industris( progress is based on the free exchange of ideas, Icr~ow-how and ir~for~at ~on, C. B. whereas there is considerable interlocking between science and industry in Weston Europe and the USA as witnesses, anon' other things, by the farce n - ber of pos:-coctor.t students eno [eecin' scientist' of European origin in the USA ano the tac: that output try American companies in Western Europe cxeeeds total US exports, Arm din that ~ technicet teed in any field obtained anywhere in the West is taken up ty .~t incu~try in the Nest, . · i' . whereas there C.2' been. growing concern in the USA Since the aio-~venties that th: avaitshility of western technology to the Soviet Union will increase the `;.i~'c. caper i :y of tile Soviet Union, oneness the I]S~ i ~ to er' ~r,cressine ex rent l~eepin`, technology secret and ieposin;~ expect cc~r..r~;ts e~~d contractual restrictions on tile disclosure Of information end thet, es ~ result, her west European allies are also experiencing difficulties or delay in obtaining A - ric'an techno(ogy to the den. ,..~e.~. of their exports free Art imports ~ it'. USA' Pv F~ It -i it- oc ~t~~ d.lu.

whereas American Legislation on tsoort controls is broader in Scoot than 5 lai ter legislation elsewhere and includes provis, - e on re-export fr" other countrie5, wherees ~ gr - ing nmbe, of fores of technology are suitebLe bow for eivi l and ai l i tary spp ~ ~ cat ions, G. whereas, Since the e~d-sevent~es, the civic applications of new technologies have increasingly outstripped the military applications, that, accordingly, control over ailitery techneLogy can be ensured onto by extending control over civit technologies and that this is ~ development that is in the process of being completed in the USA, among otter things, in respect of the tech- notogies included on the H£~L List, it. whereas US Government pot icy is of f ~ci3~1y just if fed as and dined Solely at preventing eititaritv critical technology free becoming eveitebLe to the Eastern bLoe anG not all technology with military applications, S. whereas in practice, however, the USA is indeed endeavouring to prevent the Eastern bloc. from acquiring any technology with mi(;tary sppLiestions, whereas the USA benef its pri~ari [y f rem the sate of cereals to the Eastern bloc, the economic significance of :~ro.:emexports to the Eastern bloc is primari by industrial, end they are ach~eYeo as ~ result of competition among industr i ~ l ~ sed states, K. whereas the £uropeen NATO allies have, i'' the context of COCOH, agreed under American pressure to ~ significant extension of the lists of goods and kno~- how which .~y not be escorted to the Eastern bloc end that these allies have undertaken to honour these embargo 'agreements, L. 1 59 ~ 2 -1 15— whereas, over and above these mul t i Lateral embargo agreements, the USA operates additi.onat embargo Lists on ~ unfleterel basis and that Vestern Euroce is Cherub', in practice, also affected by ~ US embargo, particularly in respect of ~echnotogicat prnduets which it is prepared, unlike the USA, to supply to the Eastern bloc, which has serious consequences for ti ras in Western £uiope, end increases thei r dependence on the United Statc'; F£ 103.U4

fearing that the Euro - an Community, if it dot. not adopt concerted approach, will become increasingly politically dependent and vulnerable because of it. technical dependence; N. whereas under American domestic Lew the Legal def initton of exports is such that exports f roe the £EC are also subject to Anerican legislation where they incorporate American components or technology result ing unjust i f iabLy in a claim to extra-territor,ality of Anerieen legislations O. whereas th, ~ has drastic consequences f0, American multinationals in Western Europe which virtual ty without exception asnutecture high-technology proJuc.s and that these products are not et igible for export to the Eastern bloc, p. whereas, as ~ result of the extreterritorial operet ion of US export leg, `- tation, European multinationals,for which the USA is important either as ~ supplier of know-how or components or as en outlet for their products, avoid the Eastern European market where this clearly jeepardises both their suppt its from America, and even more important, juridical ty, their proper f reedom of sa Lee there, whereas, according to ~ recent CIA estimate, 70X of the mini ly useful technology acqui red by the Soviet lJnion is acqu, red contrary to the above- mentioned US Laws and that i t has not been able to stop the transfer of new technology generally agreed to be deleterious to western defeater R. whereas the foregoing factors heve led rightly or wrongly to ~ common view in Europe that US provisions which exceed those agreed by COCON are in pert motivated by general national co~er~ist considerations emanating from poLiticaL rather than business circles, 1. Notes that the imposition of unilateral controls by the USA on the transfer of technology over and above the euLtilateratty agreed COCON monitoring arrangements restricts Western Or—'s access So American technology and is contrary to good neighbourlr national policy among allies; PV 59 I] PI 103. 48` - 1 1 6-

Note' that ~h i le i t i ~ true that the USA i ~ most concerned about the contecuence' of Western teehnoLo9y unintentionally being Bed. available to the Eastern bloc it i' pr~inantly h188tern Europe Shat hat to "~, the bu den of the restrictive poLiey resulting fro. such eoncten; So far as transfers of technology between Co_unity Reaber States are concerned, dress attention to the possible conflict between the COCK rules and the provision' of the EEC Treaty; call. upon the Commission to examine the compatibility of Neaber States' ~ppLi;etion of the COCOR rule' with the provisions of the Treaty, and to bring the setter before the Court of Just ~ e., ~ f nicer, 4. Confisn~ the necessity of ~ ~ agreement ~ Oscar ~ prevent the exert: of militarily critice1 technology tO Eastern Blue; is Ever of the - Anion mat: the semi list aught to ma revised Nero req~sI=ly in order to Eve promo fmn me Itat which can no lamer be reger~ As m:~:tarily critical; the controls on the transfer of technology bet - #in ami Hers themselves and between axed Avers and third candies that undertake to respect ~ Ales should be dismantled as swiftly ~ possible and that the efforts undertaken ~ =~ should be aimed at ensuring proper abxrvance of me Untruly al on unde- nations legislation; - pros list by a=M arid of US origin sod not Are an a~it:.oml US retort licenee if they are reexported fran AS c~ntties under OXXM rules: PI 59 II PE 103 `~`

5. Takes the view that controls on the transfer of {ethnology to the Eastern bloc shouts be based solely on agreed technical criteria between the allies es to what is militarily critical technology; it is unilateral and espec,ally indiscriminate proliferation of controls to alleged but not necessarily proven ~ititarily use- ful technologies that has undermined their effectiveness and cent idence in the system and has thus damaged western uni ty and the West European economy; 6. 7. Is of the opinion that nationals of, and Legat persons in, Community Member Stares cannot be subj ect to foreign (non-EEC) Legislation; Recommends the governments of the Member States therefore to prepare after mutual consultations tegistation to counteract this practice on the lines of the UK Protect ion of Trading Interests Act of 1980; 8. Talces the vice that the best insurance against unilateral restrictions on the transfer of technology from the USA is a Western Europe that also has a sreat deal to offer the USA in terms of technology; an initial requirement here is a major joint research and development ef fort by the European Community; 9. Rei terates the need for greater cooperat ion in the fra~evoric of Community research and industrial policy with a view to improving European standards in the f ield of advanced technology, especial ly data processing, automation, bio- technology, air and space travel, new materials and telecommunications; Requests the Counci l and Commission to bring their influence to bear on the USA wi th a view to achieving an unrestricted transfer of technology between the USA and the Community; Requests the Commissic~r' to forward tn Purl ia~ent and Council a prc~posal for the principles governing technology transfer to and fro. undertakings in the Euro- pean Communi ty; 2, Instructs its President to forward this resolution to the Commission, Counci and parliaments of the Member States. PV 59 ~ ~ PE tO3.~°4

.4 P~_XDIX B NO ~ ~ .~ (d) Rcstrictioos on strategic copouts — ~x. A2-3 1189 Th:e £:`ro~ar: Parf~ament. R ESO LUT10,~ on rcstr2ctsons on SSr~Icg~c capons and t;S-EC technology ~osfcr hat ing regard to she motion for a resolution by .~r Linkohr on American restrictions on sac intc=~tion:~1 transfer of technology and the damaging cfEc-ss on industrial dcve;opm.cnt m the Europc3 n Community ( Doc. 2~1 2 ~ /8C), having, regard so the motion for a resolution by .Mrs Lizin on ~hc Pc~rd company and copays to CO,~1 ECO>l (Doe. 2-466/~). hating regard to the Tr~dc Ei211 Doped in July 1988 by the House of Rcpr~cntat~ves and ski: Scr~asc and approved by ~hc President of the United States. having reg~d to ~hc rcac~ions provoicd in the European Community and she rest of the world by she adoption of this Trade gilt, having, regard so its ~csolurion of 22 January 1987 on ~c!a~ions between the Furopca-. Community and she C.~£^ and the European mcmDcr states of the C.~lE~ ('). having regard so she results of the Ve:sailles meeting conccr~ir~g COCOM held on 27 and 28 January 198t, _ having regard to the agrcemcot an mutual recognition and cooperatian signed between CON¢ECObJ and the £C in Junk 1988 and she resulting prospects for improved economic and political relations between System and West em Europe. having delegated the power of decision to its Committee on Extam~ Economic Relations p~~rsu~t to Rum 37 of Tic Rules of Procedurc. ha tint ~~—d to l~c second report of the Com mitten on ~ tes~n~l Economic Reunions on the pi c~ts~P:~. Functions on ssrasc~ic capons and US~EC lcchnology tr~nsfcr, and the opi' ~~'''~ of Tic Dismal Robin Commiltce. the Committee on Economic and Monetary n and Iadusti~1 Policy and the Committee on Transpon (Doc. ^2-31/89 (a) of boo Coo 23~ 2~,, ~ ~ —1 19— Fndev, i. ^pr.i ~98'

Friday, 14 April t989 A. whereas th.e~c is a close linlc between scicntif~c arid nd=tnal development and frce~o.= to exchange ideas, knowiedgc and insor.~.ation. E5. having regard to the interactions bc~wcer; Western E rope and the United States at all Icvels of industry and science, C. whereas ;l-.e Soviet Union and the {Jnited States have attached increased importance to de.~e:~c. policy and related technological deve~opmcnts since the mid-l 9 loos, D. whereas the scope of American export control legislation Is much wide than the' of the laws of most other countries (particularly the .~1ember Scams of the £, ropean Community) and also covers re-cxportat~on from third countncs, E. whereas it is becoming more and more difficult to distinguish between purely civil and purely military technology, F. perturbed by the fact that the United States arc plac ng, ear tighter restrictions on transfers or new technologies even to their Western, allies, to ;hc detriment of trade between all parties concerned, and by the fact that the venous controls carried out by the Member States hare the same effect, G. whereas, following the Versailles meeting, else COCO.\t member states have decided to rationalize the current system by concentrating on strategically significant products and technologies and by stnctIy applying the agreed controls, H. whereas all the COCOM member states have agreed on the need to improve the o~an~z;~- tion's effectiveness, 1. taking due not c of the wish expressed at the Versailles meeting on 27-28 January 1988 that COCO.M's administrative structure and application procedures be significantly streng- th.ened but observing that any such a strengthening will prove inc~ectue} until the member states have incorporated this pr~ncipic in their national legislative systems. J. anxious to arrive at a happy medium between the normal ~mperati~cs of a defence police and the desire to extend free trade as far as possible, 1. Notes that the controls imposed un~iateralIy by the United States on transfers of technology in addition to the COCOA controls limit Westc,= Europc's access to Aruencan technology and thus hamper mutual economic relations and may impair scientific and research cooperation; 2. Acknowledges that the collective security of the COCOM member states malces an agree- ment to limit or ban certain exports to certain countries essential; 3. Recognizes that American industry suffers the trade consequences of the export restrictions imposed by the Export Administration Act and the COCOA lists and that European industry often spaces serious trade consequences and job losses as ~ result of these same restncttons; 4. Doubts the effecti~cness of some restrictive measures when the same products can be obtained on other markets and Ireland has not joined COCOA; takes the view, accordingly, that the COCOA list should bc confined to Icading~dgc defencc technology; S. Draws attention to the potential conflicts between some Community provisions ant COCONt rules; 6. Takes the view that COCOM agrcemcots should be forTnalized so that they may be revised at regular intervals and approves the proposals to this end made at the Versailles Con~cr- cncc; -120- ~ .

F.nda`, I.S.Apell 19f59 7. Believes that the COCOA me~.be~s must revise and review the list of rest:ictions mo I- -~.~1y and more quickly so as to keep pace with ;ec.anolog~c~ change; 8. Calls for the criteria for limiting tech.r.ology sexpots to be defined as fulls and prec.se'~ as possible early enough for them to be etTec.~vely appl~cd; at. (a) Craws attention to the fac! that a gentleman's ag~-eemcnt that is not directly en.torc=~.e in 'aw and under which arrange—tents arc administered by a~cncics within the .Me~.be States has been acceptable hitherto (b) Deplores the fact that the Community as an entity has not been rc~rese;~ted in one .'or ~~ or another at the Versailles Confere:ac^. even though questions concerning export police ubicn faI] within the Community's spheric of competc::ce were being debated, (c) Requests the Commission to examine to what content, bearing in mind the inte.ma] market the Community can be included in COCOA as a separate legal entity, (d) Calls on the .Ue.mber States of the Community to give their concent to this move, (e) Condemns the fact that the Commission is at precut not even allowed access to the th.ee COCO.~I rest.-cted lists; 10. Wa=,s that Community integration in the areas most concc.T.ed. i.e. data process fig. computerization, biotechnology. ae.onautics and astronautics, new materials Red :e'ecom. - .~- nicasions, must not be obstructed by u.nilatcra] action by ir~dividual COCOA me—.bc~s; I I. Calls on the Council. the Commission and the .McmUcr States to invite the (Jnitcd Statcs to guarantee unlimited transfers of technology and information between the lJn~tcd S;a~cs and the ERIC, 12. Looks to the £EC to set up, in parallel with the abolition of internal borders, an e~.cctivc system to control e.xpofts from the Community Which unit cicar the way for this u:~iimitc~ transfer of technology and infos~rnation between the United States and the EEC by banning .. illegal transfer so prohibited countries of produces on the COCOA list; 1 3. Calls on the Commission to submit to Parl~amcot proposals concerning the principles that should gamin transfers of technology between the EEC and the countncs to which the COCOA list currently applies; these pnnc.ples should be based upon the real industrial interests of Community countries and firms; I 4. Takes a favourable view of the c.~.orts made in VersaiDe.s to rationalize and sirr.plify the COCOA mechanisms with a View to hindering as little as possible purely commercial Eastern est trade; I S. Acknowledges the coons made to persuade states outside COCOM to apply si,niIar rules. thus considerably improving the clfecti~veness of the system; t 6. Instructs its President to forward this resolution and the report of its committee to the Commission, the Council, the governments of the .Mcmber States and of the other member states of COCOA (Canada, Japan, .7~orway, Turkey and the US) and tote COCOM permanent secretariat in Pans. —121- .

~ - ~ 10. COCO)S ,~?5~53_\ 3, \0- j a) Join~c resolution: -eplac' ..g coca . 3i-783, 735 and 7BB/9O RESO'U.'0N on ~H 7.~e Bur~Oos~ pert Lament, hiring regard to Lts r.colu-'on of l. Apr': :989 on atrate;ic exports and US-EC ~cechr.olog~y Sort, restrict' Is off having regard to its rosolution of 21 Feb-uary 1986 on tocbsr~o2~ogy transfers, h.~`riDg regard to its rese'ution of S. Decs:nber =88 an the steed to overcome -ho fre¢stentetios~ tr: telecopy lceticr;~3, A. having segerd to the new pal itical develo'ants prompted by popular demacret; ~ movements in Csnt:al and Easter:: Europe end tho Soviet Union, B . whoreas there l s ~ need success f u' l y to t.mplement the second basket of ache CSCt: ( on trade and economic cookout ton ), C. herald, Legend to the appalling stat. of the enYis-or=ent in the above countries, caused primarily by eve use of outdated technology, and aware of the need lose determined action; JO reduce ~coxic emiselone in Bestern Europe, D. having regard to the need to Then pes`-~tsropear: cooperatio:' and to est"~sh a Sackful order ire Europe under the rSCE, E . having resard to the trade and ccoperet ion agreements cone laded with Hungary, Poland and the USSA, P. Ha"4 "~ I to t~. ~~. or -~;~l ~ - new up Dy tn. community for the countries of Central and Eastern Euro - , G. hosted there is a need to suppos- the process of political reform by measures to Amortize tho economy of the Central and Eastern European co`:ntsies$ . . H. wherose there [s ~ need to overcome the system of military security with cooperation and economic tr:terde;~ence, 1. Calle on the governments of -~e t5esr~r States and the Council to text shaped action to repeal all the COCoH rat' es for Cents.~1 as`d Eastern strop. and the USSA, which amount to ~ set Of restrict tons on trade end coo~setion ~ ClJ C 120, 16.5.1989, p. 347 2 as C 6S, 24.~.1986. p. 169 3 OJ C 12. 16.~.1989, p. 66 PV 8 I: Pl!: 139.833 —199—

which are ill-suited to the present time and out:naded in the light of to.. developments lo: Easte::s Europe; and -~11s, ' n th's context, for the genie.. abolL-; on of the restrict' one which at' i: exise w'th ro51~rd to all the countries on' Carttrs1 and Eastern Europe, including the USSP' 2. Calls on the coautiseLon end the Ccunct', cortes~ently, t3 ~~. ovary effort to persuade the COCOM Ccmmit:oo to declare that the COCOM list will no - 'anger be applied to county evolving towards ~ demccratie soctatys 3. I:~structs Lts approprLa~ce committee to draw up a report on the subject; 4. Instructs its President to forward the ~ recolutLan to the CcmmiseLon, the Cour~c' 1, the go~rernmes~tr of the ISember States, the counties of Cantre1 and Eastern. Europe and tho USS2 and the mombere Of COCOM. pV 8 I: —123— 1 Pl: 139.833

APPENDI:( 3, NO,: LIST OF PRODUCTS REFERRED TO IN ARTICLE 223 The provisions of Article 223 paragraph ~ b) of the Treaty of Rome are applicable to the arms. munition and war material specified below including nuclear arms: 1. Portable and automatic firearms, such as rifles carbines, revolvers, pistols sub-machine guns and machine guns. except for hunting weapons, pistols and other low caiibre weapons of the calibre less than 7 mm. 2. Artillery, and smoke. gas and flame-throwing weapons such as (a) cannon, howitzers, mortars artillery, anti-tank guns, rocket launchers flame-throwers recoliless Suns. (b) military smoke and gas guns. 3. Ammunition for the weapons at 1 and 2 above. 4. Bombs, torpedoes. rockets and guided missiles: (a) bombs, torpedoes, grenades, including smoke grenades, smoke bombs, rockets, mines, guided missiles, underwater grenades, incendiary bombs. (b) military apparatus and components specially designed for the handling, assembly, dis- mantling, firing or detection of the articles at (a) above. 5. Military fire control equipment: (a) firing computers and guidance systems in ~nfra-red and other night guidance devices (b) telemeters, position indicators, altimeters (c) electronic tracking components. gyroscop~c, optical and acoustic (d) bomb sights and gun sights, periscopes for the equipment specified in this list 6. Tanks and specialist fighting vehicles: la) tanks (b) military type vehicles, armed or armoured. including amphibious vehicles (c) armoured cars (d) half-tracked military vehicles (e) military vehicles with tank bodies (0 trailers specially designed for the transportation of the ammunition specified at para- graphs 3 and 4. 7. Toxic or radioactive agents: (a) toxic, biological or chemical agents and radioactive agents adapted for destructive use in war against persons. animals or crops (b) military apparatus for the propagation, detection and identification of substances at paragraph (a) above. (c) counter-measures material related tO paragraph (a) above. 8. Powders, explosives and liquid or solid propellants: {a) powders and liquid or solid propellants specially designed and constructed for use with the material at paragraphs 3, 4 and 7 above (b) military explosives (c) incendiary and freezing agents for military use 9. Warships and their specialist equipment: (a) warships of all kinds (b} equipment specially designed for laying, detecting and sweeping mines (c} underwater cables 10. Aircraft and equipment for military use 11. Military electronic equipment 12. Camera equipment specially designed for military use t 3. Other equipment and material (a) parachutes and parachute fabric (b) water purification plant specially designed for military use (c) military command relay electrical equipment 14. Speciaiised parts and items of material included in this list insofar as they are of a military nature Is. Machines, equipment and items exclusively designed for the study, manufacture. testing and control of arms. munitions and apparatus of an exclusively military nature included in this list —12 ~—

WE COUNCIL OF THE EUROPEAN CC)~MUNI11ES. Whereas, a: the intemacional confcrcoce on chemical weapons which took place In Pans from 7 to I I lanuay 1 9R9, chc Member S=:es of the European Economic Community strongly condemned the use of chemical weapons and underlined theis commirmcnt to the carly conclusion of a global, comprchens:vc and verifiable convocation on the prohibition of the deve}opmcnt. production, stockpiling and use of chemical weapons and on their deswc~on; Where: di.~cu.~;ioncs in the context of Euro: Pc~l~t~c:'l Cooperation led notably on 14 Pchn~asy 1989 to ~ consensus that i: is necessary to take urgent measures to control the export of certain chemical products which could be used for Me production of such ~capons; Whereas rho European Parliament adopted on 19 January 1989 a resolution on Tic proliferation of chemical weapons; Whereas ArticIc ;0 (5) of the Single European Act laid down that the cxtesnal policies of chc European Commur~i~ and the policies arced in European Political Cooperation must be consistent; Whereas the inrercs~s of the Member Suites and of the Communiry require that the cxpon of certain chemical products which could be used for the production of chemical we;lpens be regulated by means of urgent, cffeci~vc messlsrcs; whereas the Member Sates therefore decided to adopt a Council regulation pursuant to the Treary establishing Me European Economic Community, and. in the light of the arcums~nces surrounding im adoption, to keep under rock the scope for funkier action; Whereas rho list of chemical products annexed to this Regulation was agreed in the conrex2 of European Political Coopcmuen; Micros the concert: of the I:sr may be re-cxamined in the: fomm; APP~NI)IX B. NO . 5 COUNCIL REGUI,..TION (EEC) No 428/89 of 20 Februas, 1989 confessing the export of cc=ain chemical products Whereas, in view of Weir nature and urge.c~ these measures are or paramount public importance and should accordingly be applied with immediate ef~cc:; Having regard to chc Trc.arv es~bisshin~g the Eros. Economic Community. and Art par~icul;2r Article i l; thereof, Having regard to the proposal from the Commissicn. HAS ADOPTED THIS REGI,'LATIObJ: A chicle i Exports of rho products listed in the .Anne~c hereto shall bc subject to ~hc issue by the ~ompcten: auchorit~cs in the Member S=tes of a prior cxpon authorizat:on, or to equivalent measures. Article 2 If there is reason to betides that products under consider- ai'on will be used for the development or production of chemical weapons or that there is ~ risk of their being tcli~rered directly or indirectly to belIi`geren: countries or to arms of serious intemational te:2sion. no authonzation shall be issued or cxpormrion shall tic prohibited by cq~'i~nlc~t measures. Article 3 This Rcgubtion shall enter into force on the dater of ice publication in the Offic:al jo``n`aI ~ f iffy Europc`;~, Communities. —125—

Ants Rc~ula~on shall be binding in its enurery and directly applicable in all Nlembcr Specs. Done at Bmsscis, 20 Febnuary 1089. I. I~iodiglycol 2. Phosphorus oxychlonde 3. C)imethyl McCoy! phosphonate 4. Methyl phosphonyl difluondc 5. Methyl phosphonyl dichIondc 6. Oimerhyi phosphitc 7. Phosphcn~s tachlonde 8. I.nmeth~rl phosphirc A.~A'EX List of chemical products -126— For talc COunfi 77~` Pro . i.~< ''' F. FER.~AN DEZ ORDO>. EZ C.~ .~dc '930 90 90 '8191010 293 1 00 00 29; 1 00 00 '~3 t 00 00 '9~, 9n ~n ,81.~, 39~0 90 90

Apu-yDIX B \°~' .~ (d) Rcstrictioos on strategic copouts - ~x. A2-3 1189 Th:e £:`ro~ar: Parf~ament. R ESO LUT10,~ on rcstr2ctsons on SSr~Icg~c capons and t;S-EC technology ~osfcr hat ing regard to she motion for a resolution by Or Linkohr on American restrictions on sac intc=~tion:~1 transfer of tcchnoiogy and the damaging cfEc-ss on industrial dcve;opm.cnt m the Europc3 n Community ( Doc. 2~1 2 ~ /8C), having, regard so the motion for a resolution by .Mrs Lizin on ~hc Pc~rd company and campus to CO,~1 ECO>l (Doe. 2-466/~). hating regard to the Tr~dc Ei211 Doped in July 1988 by the House of Rcpr~cntat~ves and ski: Scr~asc and approved by ~hc President of the United States. having reg~d lo ~hc rcac~ions provoicd in the European Community and she rest of the world by she adoption of this Trade gilt, having, regard so its ~csolurion of 22 January 1987 on ~c!a~ions between the Furopca-. Community and she C.~£^ and the European mcmDcr states of the C.~lEK ('). having regard so she rcsutts of the Versailles meeting conccr~ir~g COCOM held on 27 and 28 January 198t, _ having regard to the agrcemcot an mutual recognition and cooperation signed between COb¢ECObJ and the £C in Junk 1988 and she resulting prospects for improved economic and political relations between System and west eon Europe. having delegated the power of decision to its Committee on Extam~ Economic Relations p~rsu~t to Rum 37 of Tic Rules of Procedurc. ha tint ~-d to lo second report of the Com mitten on ~ tes nail Economic Reunions on the pow c~ts~P:~. Functions on ssrasc~ic capons and US~EC lcchnology tr~nsfcr, and the opi' Use of Tic Dismal Robin Commiltce. the Committee on Economic and Monetary n and Iadusti~1 Policy and the Committee on Cranston (Doe. ^2-31/89 (a) OJ boo Cot 23~ 298', ~ ~ -1 19- Fndev, i. ^pr.i ~98'

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